Protection of Historic Properties
in Federal and State Undertakings
New: Slides from the April 21, 2017 Environmental Review Consultant Workshop
State Review for Historic Properties. A Powerpoint presentation by Renee Gledhill-Earley to the 31st Annual State Construction Conference, Raleigh, March 22, 2012. The presentation explains the process of compliance with the North Carolina State Environmental Policy Act (SEPA) and General Statute 121-12(a).
Project Review Checklist and E-mail Submissions
Report Standards for Historic Structure Survey Reports/Determinations of Eligibility/ Section 106/110 Compliance Reports in North Carolina
As of January 1, 2016 the Environmental Review branch is requiring GIS data for all reports submitted to fulfill the requirements for identification and evaluation of properties as part of the Section 106 process. Learn about this requirement and other updated report standards. CDBG Project Historical Evaluation Request for Entitlement and Non-Entitlement Cities
View a list of past Historic Structure Survey Reports submitted for Section 106 review.
Cell Tower Review Application Form
Borrow Pit / Waste Area Information Form
Visitation Policy for using files and maps at the Survey and Planning Branch of the State Historic Preservation Office.
Section 106 Applicant Toolkit posted by the Advisory Council on Historic Preservation.
Architecture Consultants for environmental review projects.
Visit the Office of State Archaeology for information regarding archaeological sites.
For information about protecting cemeteries, visit OSA's page on the North Carolina Cemetery Survey and Protective Legislation.
Federal and state laws provide limited protections for historic and archaeological properties affected by government-sponsored undertakings. Private and local undertakings are not affected by these laws unless there is state or federal involvement in the undertaking.
Section 106 of the National Historic Preservation Act of 1966 provides that properties and districts listed in or eligible for listing in the National Register of Historic Places be considered in the planning of federal undertakings such as highway construction and community development projects. "Federal undertakings" also include activities sponsored by state or local governments or private entities if they are licensed, permitted, approved, or funded (wholly or in part) by the federal government. "Federal undertakings" do not include loans made by banks insured by the FDIC or federal farm subsidies.
There is no absolute protection from federal actions that may affect a historic property. If a federal undertaking is in conflict with the preservation of a historic property, the State Historic Preservation Office will negotiate with the responsible federal agency, sometimes with the involvement of the federal Advisory Council on Historic Preservation, in an effort to eliminate or minimize the effect on the property. This mitigation procedure applies to properties that are determined eligible for the National Register in the day-to-day environmental review process as well as those actually listed in the National Register. See Working with Section 106 posted by the Advisory Council.
North Carolina law ( G.S. 121-12(a) ) provides for consideration of National Register properties in undertakings funded or licensed by the state. Where a state undertaking is in conflict with the preservation of a National Register property, the North Carolina Historical Commission is given the opportunity to review the case, "giving due consideration to the competing public interests involved," and make recommendations to the state agency responsible for the undertaking. The commission's recommendations to the state agency are only advisory. Properties potentially eligible for but not actually listed in the National Regster are not protected under G.S. 121-12 (a).
State Historic Preservation Office Environmental Review Branch Staff:
Renee Gledhill-Earley, Environmental Review Coordinator firstname.lastname@example.org 919-807-6579
Renee Shearin, Environmental Review Technician email@example.com 919-807-6584
For staff assignments for archaeological review, contact the Office State Archaeology (OSA) at http://www.archaeology.ncdcr.gov .